There was a writ of possession on my door to leave in 7 days. I never received a notice with a court date so I can't appeal. What can I do?
First you need to go to the Clerk of Court's office in your county and check the court file for service of process. A summary ejectment action is typically handled in small claims court. The judge's or magistrates handling these cases will not proceed unless the Plaintiff has proof of service. One possible type of service is certified mail, for which you or someone in your residence would have had to sign for and pick up from the Post Office. Or you may have been served by the county sheriff's department. With the sheriff you would either be served personally, i.e. the deputy physically put the papers in your hand, or by posting, meaning that a notice was attached to the front door of your residence. If any of these things happened there will be evidence of it in the court file, so check there first. Most likely you were served by posting. Regardless, if any of these types of service occurred you need to start packing. Otherwise a deputy will be at your residence at the designated time to remove you from the property. Good luck to you.See question
I'm not the person on the warranty just my first name
Perhaps you might consider asking the company to correct their mistake. Good luck to you.See question
Mom has deeded her house the children. 3 of us. Mom has the rights to live in the home until death. Well, last year the oldest died. Mom's Will states that all things owned by her will be divided among the 3 children, If one child dies, their...
No, the will does on supercede the deed. The 1/3 interest deeded by your mother to your now deceased sibling will pass to said sibling's heirs subject to mom's life estate.See question
I was given 30 days to pay 50.00 and keep tags but missed deadline. I missed interpret rd an interim letter from DMV that I had 30 days from date of letter. I contacted DMV but only recourse is legal action or turn in plate which would cause a se...
Unfortunately in the law mistake is not a defense. While turning in your tag and applying for a new tag may cause you hardship, I assure you the expense of attempting to litigate what is most likely a losing cause will cause you much more financial hardship. If the DMV does not have an administrative process for appealing the revocation you are left with only the one choice in my opinion. This may very well be one of those situations where you just have to bite the bullet, suffer the pain, and get it done. Good luck.See question
My new spouse has paid child support for 3 children and pays alimony due to the military spouse protection law. Although she has been remarried for years. He only has one child left on child support for one more year. If I won the lottery would ...
Fortunately no, it would not. You are not responsible for your spouses child or children from a past relationship.See question
I would like to void my notarized Agreement with my husband for child support and file through the state instead. Is this going to be a problem if we have a notarized agreement?
While your current agreement is presumably a valid agreement, there is nothing prohibiting you from filing an action for child support. However, you will have the burden of showing that the amount you agreed to is not reasonable to provide for your child or children.See question
I was a stay at home parent while my ex spouse worked. We got divorced and my ex spouse offered to pay my rent in the same city instead of me going to another city to work. I agreed and we both signed this new lease. Now that I have found employme...
If I read I your question correctly, you and your ex made this agreement post-divorce. If that is the case, then it is a matter of contract law and would not fall under the equitable distribution statute. My answer is predicated on that assumption. If you have a pre-divorce agreement, whether a separation agreement or an ED order, I would need to read that agreement before I could properly answer the question.
First, I need more clarification as to what you are being threatened with because it is unclear to me who "they" are. Has the lease run its course? If the lease is still in operation, and as both of you signed the lease, the landlord can sue either or both of you for failure to pay the rent. It is called joint and several liability. Whether or not you could seek recourse from your ex for any rent you had to pay is a different question. If the lease has ended, and your ex is threatening to sue you to recoup the rent he has paid if you move, he will have to prove why you are obligated to repay him.
If the lease is still in operation, one could argue that if you move you have breached the agreement between you and your ex, i.e. he will pay the rent if you do not move. If you move, he can argue he is no longer obligated to pay the rent. Again, in that case the landlord could sue either or both of you.
If the lease has expired, there is no longer any rent to pay, so one could argue that your agreement is complete and you are free to move. I do not believe you would be obligated to repay any rent, but your ex could certainly sue you and make that argument. I just think that would be a very difficult argument to win.
The bottom line is, it depends. Consult with an attorney in your area to determine exactly what your rights and obligations are at this point. Good luck to you.See question
My husband and I have been separated for a year and a half. He chose to leave the marriage without signing a separation agreement. I live in the marital home with our minor child and pay all the family bills with his paycheck. I've also been a sta...
Ms. Killian provided you with an excellent response. I would just add that you can go to Child Support Enforcement for assistance with child support. CSE will be the most inexpensive method of obtaining the child support your children deserve.See question
Looking for a simple will form I can use that can be used here in US abs overseas. Where can I find a will form?
I will make things simpler for you. As you appear to be in North Carolina, under North Carolina law, holographic wills are legal and enforceable. A holographic will is simply a hand written will. So, find pen and paper and hand write your last will and testament. Simply state what your assets are and who gets them. The entire document must be hand written and signed by you, so be sure to hand write the entire document. Good luck to you.See question
I was not notified of the court proceeding and I have been told I can appeal it how much time do I have from the date the order was made in Cumberland county, NC?
The previous answer is correct. There is generally a thirty-day window in which to file a notice of appeal. However, as the court proceeded with the hearing and an order was entered it is likely that the opposing party achieved proper service on you in some manner, e.g. certified mail, or at least claims to have served you. In my experience, judges will not proceed with a hearing unless there is proof of proper service in the file. Check the court file to see how the opposing party claims you were served. Perhaps there is an issue with service, perhaps not. If you were properly served you can file an appeal, but you will likely lose as you failed to appear for the hearing. If you were not properly served you can try to have the order set aside for lack of service. Good luck to you.See question